P. v. Akens
Dayvion Johnson and Timothy Akens were convicted of possession of marijuana and cocaine base for sale (Health & Saf. Code, 11359, 11351.5) with a criminal street gang enhancement. (Pen. Code, 186.22.) Each appellant challenges the enhancement, focusing on the requirement in subdivision (b)(1) that the present crime must be committed to promote, further, or assist a criminal street gang. They argue that the aided criminal conduct must be some offense other than the crimes charged in the present case, and that since there was no evidence that it was, the gang enhancement was improperly applied. Johnson also argues that evidence supporting the finding that he is a gang member was based on hearsay and speculation, and was not admissible evidence. Court find no error and affirm the judgment.
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